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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I currently pay statutory maintenance to ex-wife. My daughter

Customer Question

I currently pay statutory maintenance to ex-wife. My daughter attends the local state school and is happy and doing well there as she was before our divorce.
My ex-wife now wants to put her through private school having not sought my agreement to do so or a commitment to contribute to the fees prior to committing to this , clearly I want the best for my daughter but I also was like to understand whether there is a legal obligation for me to contribute?
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HIThank you for your questionMy name is ***** ***** I shall do my best to help youHow old is your daughter - and what income do you have?
Customer: replied 2 years ago.

Hi Clare my daughter is 13 my annual income is £100k per annum my ex-wife's income is circa £200K per annum.

Thanks

Richard

Expert:  Clare replied 2 years ago.
Was private education ever discussed prior to the divorce?
Customer: replied 2 years ago.

Yes it was

Expert:  Clare replied 2 years ago.
Ok - what was your position then?
Customer: replied 2 years ago.

We were considering but had not agreed to either Guildford High school or Wimbledon High but unfortunately my daughter did not get offered a place in either, so she continued with state school.

Expert:  Clare replied 2 years ago.
What is the current proposal?
Customer: replied 2 years ago.

She has been offered a place at Surbiton High school, when the subject was first broached the proposal was to go 50:50, her last email suggested that she wants me to contribute (but no level of contribution stated) and if I don't agree she we will seek legal advice.

Expert:  Clare replied 2 years ago.
Since you are already paying the CSA rate your ex would have to make a Separate application to Court using Schedule 1 of the Children Actif she wishes to try and force you to contribute to the fees.The fact that you had previously been in favour of private schooling would go in her favour - but she would have no guarantee of success norof what proportion the court might expect you to contributeI hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.

Thank you that was helpful, do you know what costs might be involved if she elected to pursue this through the Court - which clearly is not where we want to go with this.

Given the annual income she receives and the CSA would you be able to give me any indication of what contribution I might have to make if she were to suceed?

Expert:  Clare replied 2 years ago.
The issue fee is £215 - how much she choses to spend on a Solicitor would be up to herIt is very difficult to assess what contribution might be ordered - but since your income is a third of the jointincome then you paying a third of the fees seems neat!